86R6616 SCL-D
 
  By: Zedler H.B. No. 3400
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to required criminal history checks for nurse aides;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 4, Health and Safety Code, is
  amended by adding Chapter 250A to read as follows:
  CHAPTER 250A. EMPLOYMENT OF OR CONTRACTS WITH NURSE AIDES
         Sec. 250A.0001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (2)  "Executive commissioner" means the executive
  commissioner of the commission.
               (3)  "Nurse aide" means an individual who provides
  nursing or nursing-related services under the delegated authority
  of a nurse.  The term includes an individual who is required to be
  listed in the nurse aide registry under Chapter 250, Health and
  Safety Code.  The term does not include an individual licensed under
  Chapter 301, Occupations Code.
         Sec. 250A.0002.  COMMISSION VERIFICATION OF EMPLOYABILITY
  REQUIRED; FEE. (a) A health care facility or practitioner may not
  employ a nurse aide or contract for nurse aide services with a nurse
  aide unless the facility or practitioner obtains the commission's
  verification of employability for the nurse aide's employment or
  contract.  The executive commissioner by rule shall establish
  standards for verification of employability as necessary to protect
  the public health and safety.
         (b)  A health care facility or practitioner shall request, in
  the form and manner prescribed by commission rule, the commission
  to verify the employability of a nurse aide who is applying for
  employment or requesting a contract with the facility or
  practitioner. The commission may not verify the employability of a
  nurse aide unless the commission obtains the criminal history
  record information for the nurse aide and determines that nothing
  in the information would disqualify the individual from employment
  as a nurse aide.  In determining whether to verify the employability
  of a nurse aide, the commission shall consider:
               (1)  the information provided to the commission by the
  facility or practitioner;
               (2)  the information made available by the Department
  of Public Safety of the State of Texas under Section 411.1106,
  Government Code, or by the Federal Bureau of Investigation or
  another criminal justice agency under Section 411.087, Government
  Code; and
               (3)  the commission's records, including any
  information included in a registry maintained by the commission.
         (c)  The commission may require a health care facility or
  practitioner requesting the commission to verify employability
  under Subsection (b) to pay to the commission a fee set by
  commission rule in an amount not to exceed the administrative costs
  the commission incurs in complying with a request under Subsection
  (b).
         Sec. 250A.0003.  ENFORCEMENT. A health care facility or
  practitioner who violates this chapter is subject to review and
  disciplinary action by the appropriate licensing authority of the
  facility or practitioner under other regulatory law.
         SECTION 2.  Section 411.1106(b), Government Code, is amended
  to read as follows:
         (b)  The executive commissioner of the commission, or the
  executive commissioner's designee, is entitled to obtain from the
  department criminal history record information maintained by the
  department that relates to a person who is:
               (1)  an applicant for employment for a position in
  which the person, as an employee, would have access to sensitive
  personal or financial information, as determined by the executive
  commissioner, in:
                     (A)  the eligibility services division of the
  commission; or
                     (B)  the commission's office of inspector
  general; [or]
               (2)  an employee of the commission who has access to
  sensitive personal or financial information, as determined by the
  executive commissioner; or
               (3)  a nurse aide who is the subject of a verification
  of employability request submitted under Section 250A.0002, Health
  and Safety Code.
         SECTION 3.  (a)  As soon as practicable after the effective
  date of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Chapter 250A, Health and Safety Code, as added by this Act.
         (b)  Notwithstanding Chapter 250A, Health and Safety Code,
  as added by this Act, a health care facility or practitioner is not
  required to comply with that chapter or rules adopted under that
  chapter until January 1, 2020.
         SECTION 4.  Section 250A.0002, Health and Safety Code, as
  added by this Act, applies only to the employment of a nurse aide or
  a contract entered into for a nurse aide on or after the effective
  date of this Act.
         SECTION 5.  This Act takes effect September 1, 2019.